DAYA NAND PRASAD KASHYAP Vs. STATE OF BIHAR

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 11 (1) of the criminal law (Amendment) Ordinance, 1944, is against the order dated 12-8-2004 passed by the Special Judge-VII, CBI, Ranchi in Civil misc. Case No. 146 of 1996 under Section 5 of the ordinance, whereby Ad-interim order of attachment dated 30-8-1996 in respect of certain properties mentioned in the order, was made absolute.

(2.) THE appellant No. 1 along with others was facing trial in connection with RC Case no. 41a of 1996 and eight other cases instituted against him on charges for the offences under Sections 409, 419, 420, 467, 468, 471, 477, 120b/34 of the Indian Penal Code read with Sections 13 (II) and 13 (1) (C) of the prevention of Corruption Act, 1988.

(3.) THE C. B. I. , in course of investigation, found that the appellant No. 1, in conspiracy with the other co-accused persons who were government Servants and officials in the animal Husbandry Department of the State government, had fraudulently withdrawn several lakhs of rupees during the years 1991-1996, on the basis of fake allotment letters issued by the Directorate of Animal husbandry Department of the State Government and on the basis of fake supply documents showing supply of medicines through his Firm namely, Baishnav Enterprises without making any supply of the medicines at all. The fraudulent withdrawal of government money in RC Case No. 41a of 1996 was assessed to the extent of Rs. 4,79,685/ -. The claim of the C. B. I. is that by means of the fraudulently withdrawn Government money, the appellant No. 1 had acquired huge movable as well as immovable assets in his name and also in the name of his wife appellant No. 2, at different places including Ranchi.